104 Ill. App. 2d 406 - Johnson v. Cunningham’s Empirical Analysis

Citation profile

28 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is necessary to consider the trial as a whole to determine if a party has been denied his constitutional right to a fair trial by the misconduct of the other litigant or his counsel. The trial court is, of course, in a unique position to make this determination since it has heard all the testimony, all of the argument, observed the parties and their counsel and their effect on the jury. For this reason the sound rule exists that the question rests within the sound discretion of the trial court and will not be disturbed unless it is clear that the court has abused that discretion. West Chicago St. R. Co. v. Annis, 165 Ill. 475 , 46 N.E. 264 ; Owen v. Willett Truck Leasing Corp., 61 Ill.App.2d 395, 402 , 209 N.E.2d 868 ; Eizerman v. Behn, supra.””

   1 later decision quote this exact passage · from the majority
   e.g. 25 Ill. App. 3d 706 - Mrzlak v. Ettinger